A.
Except where specifically defined herein, all words used in this
chapter shall carry their customary dictionary meanings. For purposes
of this chapter, certain terms and words shall be interpreted as follows:
(1)
Words
used in the present tense shall include the future.
(2)
The
plural usage includes the singular, and the singular of the plural.
(3)
The
word "shall" is mandatory.
(4)
The
word "may" is permissive.
(5)
The
word "building" includes the word "structure," and "building" or "structure"
includes any part thereof.
(6)
The
word "lot" includes the words "plot" and "parcel."
(7)
The
words "occupied" and "used" shall be interpreted as though followed
by the words "or intended, arranged, or designed to be used or occupied."
(8)
The
words "he" and "she" include the opposite gender, and in both instances
includes the word "it."
B.
Where the precise meaning of a word is in doubt by any board or official, the Town Board shall make a determination in accordance with the purpose and intent of this chapter and the Town of Tusten Comprehensive Plan. To the extent that this provision conflicts with NYS Town Law § 267-B, the Town Board hereby expresses its intention to supersede the NYS Town Law in accordance with Municipal Home Rule Law Article 2, § 10 et seq. This power to interpret words shall not change the jurisdiction of the Zoning Board of Appeals (ZBA) to hear an appeal of a decision made by an administrative official pursuant to Article XI hereof.
For the purpose of this chapter, the following words, terms
and phrases shall have the meanings indicated below.
An A-shaped sign with no external supporting structure that
is set upon, but not attached to, the ground.
A sign that no longer correctly advertises an existing, bona
fide business, lesser, product or activity conducted or available
on the premises where the sign is displayed.
A separate living space within a single-family dwelling unit
consisting of its own sleeping, cooking and bathroom facilities and
which is intended to be occupied by an in-law or in-laws; or a member
of the family occupying the main part of the dwelling. This accessory
use may be occupied only by members of the family occupying the main
part of the dwelling or by in-laws of a member of said family unit.
The applicant must satisfactorily demonstrate that said apartment
will be utilized only in this fashion. The occupancy or rental of
family-based apartment by persons other than in-laws, as defined here
is expressly prohibited.
See also "customarily accessory use." A use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building. In order for a use or structure to be deemed an accessory use/customarily accessory use it must be subordinate to the principal use of a building on the same lot, serving a purpose customarily incidental to the use of the principal building, unity of ownership between the principal and accessory uses, and promoting harmony of land use within the relevant zoning district of the Town. In no case shall such use dominate in area, extent or purpose the principal use. Examples of customarily accessory uses are decks, satellite dish antennas (assuming such antennas meet the standards of Article VI, § 300-6.4 of this chapter), outdoor fireplaces, patios, garages, carports, domestic gardens, sheds, and barns.
43,560 contiguous square feet of land.
Use of a building, structure or property for a business involving
one or more of the following:
Adult arcades where, for any form of consideration, one or more
motion-projector projectors, slide projectors, videocassette players,
computers, or similar electronic machines for viewing by five or fewer
persons, each are used to show films, motion pictures, videocassettes,
slides, computer generated images, or other photographic reproductions,
which are characterized by emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas.
Adult bookstores which have a substantial (50% or more) portion
of its stock-in-trade and offers for sale or any consideration, any
one of more of the following:
Books, magazines, periodicals, or other printed matter or photographs,
film, motion pictures, videocassettes, slides or other visual representations
which are characterized by an emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas; or
Instruments, devices or paraphernalia that are designed for
use in connection with specified sexual activities.
Adult cabarets, meaning any nightclub, bar (including establishments
which do not serve alcoholic beverages), restaurant, or similar establishment
which regularly feature live performances characterized by exposure
of specified anatomical areas or by specified sexual activities or
films, motion, pictures, videocassettes, slides, or other photographic
reproductions characterized by an emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas.
Adult motion-projector theaters where, for any form of consideration,
films, motion pictures, videocassettes, slides, or other photographic
reproductions are regularly shown, and in which a substantial portion
of the total presentation time is devoted to the showing of material
characterized by an emphasis upon the depiction or description of
specified sexual activities or specified anatomical areas.
Adult theaters, meaning any theater, concert hall, auditorium
or similar establishment which, for any form of consideration, regularly
features live performances in which a substantial portion of the total
presentation time is devoted to the exposure of specified sexual activities
or specified anatomical areas.
Massage parlors where, for any form of consideration, massage,
alcohol rub, fomentation, electric or magnetic treatment or manipulation
of the human body is administered, unless by a medical practitioner,
chiropractor, acupuncturist, physical therapist, licensed massage
therapist, or similar professional person licensed by the state. This
definition shall not be deemed to include a health club, school, gymnasium,
reducing salon, spa, or similar establishment where massage or similar
manipulation of the human body is offered as an incidental accessory
service.
Peep shows where, for any form of consideration, persons may
observe from individual enclosures shows which regularly feature live
performances characterized by exposure of specified anatomical areas
or by specified sexual activities or films, motion pictures, videocassettes,
slides, computer generated images, or other photographic reproductions
characterized by an emphasis upon which the depiction or description
of specified sexual activities or specified anatomical areas.
Adult hotels or motels, meaning any hotel or motel that excludes
minors because of age.
A commercial or manufacturing or light industrial use of nonanimal materials requiring intensive operational characteristics, including but not limited to high water consumption or energy use; employment generating demand for on-site parking; or processes requiring extensive building coverage. Agribusiness may include greenhouses, nurseries, cooking, dehydrating, kiln-drying, and refining, packing, warehousing or other treatment of agricultural products. Said definition specifically excludes slaughterhouses, rendering plants or other agricultural operations involving animals. Also refer to "greenhouse, commercial;" "industry, light;" "livestock raising;" "nursery, commercial;" "sawmills;" and "value-added wood processing." Performance standards outlined in Article VI, § 300-6.13 of this chapter are applicable to uses defined herein.
One or more agribusiness facilities or operations that transform, package, sort, or grade dairy products, agricultural commodities, or plants or plant products into goods that are used for intermediate or final consumption, including goods for food and nonfood use. "On-site" both refers to a parcel where the activities are defined as both a principle use and the site where processing takes place. Performance standards outlined in Article VI, § 300-6.13 of this chapter are applicable to uses defined herein.
Uses specified under § 301, Subdivision 11, of
the New York State Agriculture and Markets Law (NYSAML), that include
the production of field crops and livestock and livestock products.
New York Agriculture and Markets Law defines "livestock" and "livestock
products" as including cattle, sheep, hogs, goats, horses, poultry,
and ratites, such as ostriches, emus, rheas and kiwis, farmed deer,
farmed buffalo, fur-bearing animals, milk, eggs and furs. For existing
and proposed uses that fall outside the crops and livestock and livestock
products defined here, please consult the following definitions that
capture the diversity of agriculture or farm operations: "agribusiness;"
"greenhouse, commercial;" "industry, light;" "livestock raising;"
"nursery, commercial;" "sawmills;" and "value-added wood processing."
Any area of land which is used or intended for use for the
landing and taking off of aircraft; also, any appurtenant areas which
are used or intended for use or other airport buildings and facilities.
A change or rearrangement in the structural parts of a building
or an enlargement, whether by extending to a side or by increasing
the height.
See also "veterinarian clinic or office." A use where animals
or pets are given medical or surgical treatment and the boarding of
animals for extended periods is part of the care given at the facility.
A person who makes formal application to the Planning and/or
Zoning Appeals Boards for review of a proposed project use in conformance
with this chapter.
A final action by the local governing body or an exhaustion
of all administrative remedies that results in the authorization of
a site specific development plan.
See "gasoline service station."
See "motor vehicle repair."
A use that includes any automotive sales, under license by
the State of New York, of new or used automobiles of presently operable
condition, panel trucks or vans, trailers, recreational vehicles or
farm and construction equipment, including any warranty repair work
and other repair service as an accessory use. This definition is meant
to include auto sales lots, but such lots shall be restricted automobile,
noncommercial truck, and farm equipment sales. None of these terms
in this definition, however, shall under any circumstances be deemed
to include junkyards, collectors of itinerant vehicles or vehicle
dismantling operations for other than routine repairs.
A sign incorporated upon or within an awning.
A place for preparing, baking, and selling baked goods on
the premises.
An air-inflated sign.
A sign constructed from a nonrigid fabric in a banner style
which is attached to a pole or other structure.
The elevation to which floodwater is anticipated to rise,
which is the 1% annual chance of a flood, being equaled to or exceeding
the elevation in any given year. This regulatory standard is also
referred to as the "100-year flood." The base flood is the national
standard used by the National Flood Insurance Program (NFIP) and all
federal agencies for the purposes of requiring the purchase of flood
insurance and regulating new development. Base flood elevations (BFEs)
are typically shown on Flood Insurance Rate Maps (FIRMs).
That space of a building that is partly below grade.
Owner-occupied one-family dwelling used for providing overnight
accommodations that may include a morning meal to transient lodgers,
containing at least three but not more than five bedrooms for such
lodgers. As used in this chapter, the following terms shall have the
meanings of bed-and-breakfast oriented businesses indicated:
BED-AND-BREAKFAST COUNTRY INNA residence or building which has six or more guest units which exhibits a character of use consistent with a motel or hotel and which may have a restaurant open to the general public as well as the guests.
BED-AND-BREAKFAST GUEST UNITOne or more rooms intended for overnight occupancy by persons other than those who permanently reside at the premises.
BED-AND-BREAKFAST HOMESTAYAn owner-occupied residence which has a maximum of three guest units within a single-family dwelling, the owners of which serve breakfast to guests.
BED-AND-BREAKFAST INNAn owner-occupied residence which has a maximum of five guest units within a single-family dwelling, the owners of which serve breakfast to guests.
Radioactive material in a quantity or of a level that is
distinguishable from background (as that phrase is defined at 10 CFR
20.1003), but which is below the regulation threshold established
by any regulatory agency otherwise having jurisdiction over such material
in the Town.
A large engineered freestanding sign designed for a changeable
message used generally for off-site and corporate advertising.
A building especially designed for the storage of boats,
including motorboats, personal watercraft, and vessels.
Open spaces, landscaped areas, fences, walls, berms or any
combination thereof used to physically and visually separate one use
or property from another in order to mitigate the impacts of noise,
light or other impact.
A lot having a buildable area capable of accommodating proposed
principle and accessory improvements and including, where required,
an on-site water supply facility and sewage treatment system that
meets the standards of the Sullivan County and/or New York State Department
of Health. A buildable lot shall also adjoin and have access to an
improved street, or shall adjoin and have access to an unimproved
street that will be improved as part of the development plan for the
lot.
[Added 7-11-2017 by L.L.
No. 4-2017]
A structure having a roof supported by columns or walls,
used or intended to be used for the shelter or enclosure of persons,
animals or property.
The vertical distance measured from the average of the ground
levels at the front and rear of a building to the highest point of
the roof, not including chimneys, spires, water tanks and similar
projections.
That portion of a lot which is covered by structures, including
buildings, carports, patios and other appurtenances having an attachment
to the ground but not including driveways or sidewalks.
A written authorization issued by the Code Enforcement Officer,
derived either from that Official's direct authority as set forth
in this chapter, or through authority vested in the Town Board, Planning
and/or Zoning Appeals Boards that authorizes the construction or renovation
of a building or structure at a specified parcel/location.
The line, designated on a plan, beyond which no part of a
building, other than parts expressly permitted, shall extend.
Retail stores where building supplies such as plumbing, heating,
and electrical supplies, tools and fasteners, and paints and other
coverings are sold.
A structure in which is conducted the principal use of the
site on which it is situated. In any residential district, the dwelling
shall be deemed to be the "principal building" on the lot on which
the same is located.
A building or portion of a building wherein services are
performed involving predominantly administrative, professional, or
clerical operations. Examples are medical, dentist, law, engineering
and surveying, insurance, accounting, and real estate offices. Also
see "professional buildings or offices."
A commercial, low-impact use of a parcel of land or intended use to provide five or more sites for placement of tents and/or a limited number of lean-tos and which meets all requirements of § 300-6.2A(2) of this chapter, in addition to other applicable laws or regulations.
[Added 9-13-2022 by L.L.
No. 1-2022]
A commercial use of a parcel of land or intended use to provide
five or more sites for parking of travel trailers, placement of tents
or other temporary or movable sleeping accommodations, which meets
all New York State Department of Environmental Conservation (NYSDEC)
and New York State Department of Health (NYSDOH) health standards.
[Amended 7-11-2017 by L.L. No. 4-2017; 9-13-2022 by L.L. No. 1-2022]
A property providing one private site for the parking of
occupied travel trailers, the erection of tents or other shelters
serving as temporary residences, as defined by the New York State
Sanitary Code, and all buildings and facilities pertaining thereto.
An individual site(s) on a property, or portion thereof,
for the parking of occupied travel trailer(s), the erection of a tent(s)
or other shelter(s), serving as a temporary residence, as defined
by the New York State Sanitary Code, and all buildings and facilities
pertaining thereto.
[Added 7-11-2017 by L.L.
No. 4-2017]
An individual site(s) on a property or portion thereof for
the erection of a tent(s), with or without platform, serving as a
temporary residence, as defined by the New York State Sanitary Code,
whereby a fee is charged and appropriate permits are to be obtained.
An individual site(s) on a property or portion thereof, for
the parking of occupied travel trailer(s), serving as a temporary
residence, as defined by the New York State Sanitary Code, and all
buildings and facilities pertaining thereto, whereby a fee is charged
and appropriate permits are to be obtained.
[Added 7-11-2017 by L.L.
No. 4-2017]
A parcel of land upon which facilities exist for the leasing
or renting of waterborne vessels (canoes, kayaks, rubber rafts, and
tubes) for outdoor water-based recreation.
A sign incorporated upon or within a building canopy.
An open space for the storage of one or more vehicles in
the same manner as a private garage, and which may be covered by a
roof supported by columns or posts, except that one or more walls
may be the walls of the main building of which the carport is an accessory
building or extension.
Any building or premises or portions thereof used for washing
automobiles for commercial purposes.
See "antenna or communications tower site."
Land used for the interment of human remains, including a
burial park for earth interments, which may include a mausoleum for
vault or crypt interments, operated by a not-for-profit organization.
A form of protection afforded the owner or occupants of a
structure by serving as a proof of compliance or alteration.
A facility including buildings for eating and sleeping and
amenities such as swimming pools, baseball fields, and tennis courts
which are available for use by youth.
Removal from a tract of land of substantially all trees,
vegetation and underbrush excluding commonly accepted agricultural
activities.
Any organization catering exclusively to members and their
guests, or premises and buildings for recreational, hunting, outdoors,
or athletic purposes, which are not conducted primarily for gain,
providing there are not conducted any vending stands, merchandising
or commercial activities except as required for the membership and
purposes of such clubs; it shall include fraternal, outdoors, hunting,
athletic, social and service organizations.
Two or more retail establishments totaling at least 10,000
square feet of rentable commercial space and sharing certain facilities
such as parking, public utilities and open space.
See "kennel, commercial."
A vehicle parking facility that is operated as a business
enterprise by charging a fee for parking.
A parcel of land which may include facilities or equipment
for recreational purposes, utilized by the public for a fee. Activities
include but are not limited to bowling alleys, canoe liveries, campgrounds,
tennis courts and golf courses.
Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including without limitation, omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment, including without limitation ham or citizen band radio antennas, assuming they do not exceed the standards containing in Article VI, § 300-6.4 of this chapter.
An unmanned building or cabinet containing communications
equipment required for the operation of communications antennas and
covering an area on the ground not greater than 250 square feet.
A structure other than a building, such as a monopole, self-supporting
or guyed tower designed and used to support communications antennas
and is part of an antenna/communications tower site.
A facility that is constructed for and devoted to meetings
or gatherings for business, educational, recreational or community
pursuits for use publicly or privately.
Otherwise known as the "Town of Tusten Comprehensive Plan"
or "2007 Town of Tusten Comprehensive Plan." The Comprehensive Plan
adopted by the Town of Tusten Board that establishes planning goals
for the future preservation and development of the Town of Tusten
pursuant to § 272-a of the NYS Town Law, including any part
of such plan separately adopted, as the same may from time to time
be updated, supplemented, or amended.
An apartment house or houses, the apartments of which are
individually owned, each owner receiving a deed enabling him to sell,
mortgage or exchange his apartment independent of the owners of the
other apartments in the building or buildings.
A building or other complex containing multiple dwelling
units that are separately occupied but that have one or more common
kitchen and dining area for residents of the individual units. An
apartment building or condominium complex shall not be considered
"congregate living" where each unit includes complete kitchen facilities,
regardless of the fact that such complex includes one or more common
areas. A congregate living facility may be located on the same site
or in the same complex as a nursing home, but such combination shall
be allowed only where "nursing home" is a permitted use.
A form of development for single-family residential subdivisions
that permits a reduction in lot area and other development standards,
given the specific site conditions, and where no less than a specified
proportion of the total land area is devoted to permanent open space.
A temporary sign erected on a site under construction for
advertising or providing information related to the construction project.
The Sullivan County Department of Planning and Environmental
Management or any successor agency or department that fulfills the
requirements for review under the New York State General Municipal
Law § 239-M.
A furnace or establishment for the incineration of corpses.
Also see "accessory use." A use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building. In order for a use or structure to be deemed an accessory use/customarily accessory use it must be subordinate to the principal use of a building on the same lot, serving a purpose customarily incidental to the use of the principal building, unity of ownership between the principal and accessory uses, and promoting harmony of land use within the relevant zoning district of the Town. In no case shall such use dominate in area, extent or purpose the principal use. Examples of customarily accessory uses are decks, satellite dish antennas (assuming such antennas meet the standards of Article VI, § 300-6.4 of this chapter), outdoor fireplaces, patios, garages, carports, domestic gardens, sheds, and barns.
A facility licensed or authorized and regulated by the State
of New York Department of Social Services or other state agency having
jurisdiction where care is provided, for more than five hours per
week, for three or more children away from their own homes for less
than 24 hours per day in a facility which is operated for such purposes.
Pollution of water that unreasonably reduces the quality
of such water. Water quality may be considered unreasonably reduced
when the quality of a representative sample of water is rendered harmful,
detrimental, or injurious to humans, animal life, vegetation, or property,
or to the public health, safety, or welfare.
A temporary sign for guiding or directing pedestrian or vehicular
traffic to new subdivisions, new home areas, or show homes.
A sign for directing pedestrian or vehicular traffic, including
ingress and egress signs and parking signs, but do not include advertising,
with the exception of a logogram. Also see "sign, directional."
Any of the following: a) tanks of any construction (metal,
fiberglass, concrete, etc.); b) impoundments; c) pits; d) evaporation
ponds; or e) other facilities, in any case used for the storage or
treatment of industrious substances that i) are being held for initial
use; ii) have been used and are being held for subsequent reuse or
recycling; iii) are being held for treatment; or iv) are being held
for storage.
Land preparation, such as clearing, grading and filling,
or the building of structures, including driveways.
Any establishment primarily offering, for sale, take-out
food and drink for consumption off-premises, including commercial
food stands.
Private access routes which directly service a parking area
or serving parking spaces not directly serving more than two dwelling
units, and not providing a route for through traffic yet can access
a public road.
Any building or portion thereof designed or used exclusively
as the residence or sleeping place for one or more persons.
[Amended 7-11-2017 by L.L. No. 4-2017]
DWELLING, SINGLE-FAMILYA detached building designated for or occupied exclusively by one family and containing not more than one dwelling unit.
DWELLING, TWO-FAMILYA detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.
DWELLING, MULTIPLE-FAMILYSee "multiple-family dwelling." A building, buildings, or portion thereof on a single lot, containing more than two but not more than four dwelling units, including apartments originally constructed or proposed for residential housing.
[Amended 7-11-2017 by L.L. No. 4-2017]
DWELLING, SEASONALA detached single-family or two-family dwelling which is temporarily occupied by a person or persons having a usual residence elsewhere from whence they customarily journey to work, send children to school, vote, or conduct other principal activities. A seasonal dwelling may have any of the following characteristics: a lack of year-round water supply; a lack of a furnace or heat source; a lack of indoor plumbing; a lack of insulation; or seasonal use typically during warmer weather months.
DWELLING, SEASONAL OR COMMERCIALA seasonal dwelling that is offered for lease or rent to occupants who are primarily transient in nature or otherwise qualifies as an "R-1 residential occupancy," as defined under the Building Code of New York State, § 310.1, as hereafter supplemented or amended.
DWELLING, ACCESSORYA self-contained dwelling single-family unit having its own exterior or interior entrance and which is subordinate to the principal residence, shares no kitchen, bath, living or sleeping facilities with the principal residence and is located on the same lot.
[Added 7-11-2017 by L.L.
No. 4-2017]
DWELLING, PRIMARYA separate, complete dwelling that is the principal residential dwelling on a single lot. A primary dwelling includes, single-, two-, and multiple-family dwellings.
[Added 7-11-2017 by L.L.
No. 4-2017]
One or more rooms, including cooking facilities and sanitary
facilities, in a structure designed as a unit for occupancy by not
more than one family for living and sleeping purposes.
Any establishment where food and drink are regularly prepared
and served for consumption either on or off the premises, including
restaurants, food service establishments, commercial food stands and
drive-in or fast-food establishments. An eating and drinking place
may be operated from any facility specifically constructed for this
purpose.
An institution of secondary or higher learning chartered
by the State of New York or a private educational institution subject
to regulations prescribed by the State of New York.
A sign advertising a local candidate and/or party in a federal,
provincial, school board or municipal election.
A sign or part of a sign on which the advertising is programmable
or changeable by electrical or electronic means.
Any structure used for commercial purposes for storage or
shelter and not falling within the definition of "private garage"
as herein established.
[Amended 9-13-2022 by L.L. No. 1-2022]
A form used to determine whether a project will have significant
environmental impacts. Depending on the site's environmental
features and the project's magnitude, either a short or long
SEQR environmental assessment form will be completed.
A document prepared pursuant to SEQR, subsequent to a determination
of potential adverse impacts that examines the existing and developed
environment, and identifies and presents impacts, mitigation measures
and alternatives.
Commercial uses that consist of the display for sale or hire
of new or used farm, lawn and garden, or construction or similar equipment.
Also see "automotive, vehicle and equipment sales."
The erection, construction, alteration or maintenance, by
public utilities or municipal or other governmental agencies, of underground
or overhead gas, electrical, CATV, steam or water transmission or
distribution systems, including poles, wires, mains, drains, sewers,
pipes, conduits, cables, fire alarm boxes, police call boxes, traffic
signals, hydrants and other similar equipment and accessories in connection
therewith, reasonably necessary for the furnishing of adequate service
by such public utilities or municipal or other governmental agencies
or for the public health or safety and general welfare. "Essential
public services" shall also include firehouses, first aid and emergency
aid squads, whether provided by a municipal or nonprofit agency.
A temporary sign providing direction to a nonreccurring event
of less than three days in length; such as a property auction sale.
Any of the following: a) vehicles for agricultural use; b)
school buses or other mass transit buses; c) emergency vehicles; d)
military vehicles driven by active duty military personnel; or e)
trucks used in the construction, repair or maintenance of state, county,
or Town roads or other public structures or property.
Geologic or geophysical activities related to the search
for subsurface minerals or hydrocarbons including prospecting, geophysical
and geological seismic surveying and sampling.
Substances capable of undergoing decomposition or combustion
with great rapidity, involving much heat and producing a large volume
of gas. The reaction products fill a much greater volume than that
occupied by the original material and exert an enormous pressure,
which can be used for blasting and for propelling. Examples include
TNT, dynamite, nitroglycerin, and ammonium nitrate.
One or more persons related by blood, adoption or marriage,
living and cooking together as a single housekeeping unit, or a household
of up to four persons living together as a single housekeeping unit
though not related by blood, adoption or marriage. The rationale for
the number four in reference to the latter is to mitigate dormitory-type
situations and traffic problems in single-family residences.
A temporary structure designed or used for seasonal display
of raw and/or processed products grown or produced on the property
on which the stand is located or any parcel in common ownership or
leasehold.
A designated area where, on designated days and times, growers
and producers may sell directly to the public from open or semi-open
facilities in accordance with Town regulations. The Town shall have
the right to specify the dates and times when a farmers market may
operate and to stipulate what goods may be sold.
A sign painted on or attached to a fence.
See "gasoline service station."
A solid, liquid or gas that will ignite easily and burn rapidly.
A sign that contains an intermittent or flashing light source.
Any establishment which for a fee or remuneration of any
kind permits others to display for sale, new or used or secondhand
wearing apparel, watches, jewelry, luggage, musical instruments, furniture,
household appliances, automobile parts and accessories, hand tools,
mechanical equipment, garden tools, hobby items, water heaters, pipes,
electrical fittings, plumbing fittings, radios, television sets, bicycles,
personal property or any other kinds of used goods, wares and merchandise.
Commonly referred to as "FIRMs," this document is a Federal
Emergency Management Agency (FEMA) map of the Town that delineates
the floodplains, specifically areas that fall within the 100-year
flood boundary as noted in the definition of "base flood." FIRMs are
used to set rates of insurance against risk of flood and to determine
whether buildings are insurable at all against flooding.
A general or temporary condition of partial or complete inundation
of normally dry land areas from 1) the overflow of inland or tidal
waters and/or 2) the unusual and rapid accumulation of runoff of surface
waters from any source.
Any establishment where food and drink are prepared specifically
for consumption off site, as in the headquarters of a catering operation.
Management of natural vegetation for either wildlife habitat
improvement or timber and firewood harvesting under the direction
of a forester. Excludes sawmills, on-site processing, and valued-added
wood processing.
A wall or pier extending at least four feet below grade or
an equivalent load-bearing structure certified by a licensed professional
engineer, having a fixed location on the ground and capable of serving
as a support for a structure or structural part of a building, such
as a wall, pier or column. All foundations shall meet the relevant
criteria set forth in the New York State Uniform Fire Prevention and
Building Code applicable to general building construction.
A sign anchored into the ground and not attached to a building.
A public or private facility for the dispensing of natural
gas, including but not limited to compressed natural gas (CNG) and
liquefied natural gas (LNG), or a charging facility with equipment
for the purpose of transferring electric energy to a battery or other
energy storage device in an electric vehicle.
[Added 9-13-2022 by L.L.
No. 1-2022]
The wagering of money or something of material value on an
event with an uncertain outcome with the primary intent of winning
additional money and/or material goods and shall include a lottery
or the sale of lottery tickets, pool-selling, bookmaking, slot machines,
roulette, poker, or other games of chance.
A sign advertising the location and product of a garage sale.
Any building, structure, premises, area of land or any portion
thereof that is used for the sale or dispensing of gasoline, oil or
any other motor vehicle fuel and/or other lubricating substance or
related products, which may also include the sale of food and household
items or may be an accessory use to a convenience store. Any business
or industry dispensing gasoline and servicing vehicles only for its
own use will not be deemed to be a service station.
[Amended 9-13-2022 by L.L. No. 1-2022]
Any system of pipelines (and other equipment such as drip
stations, vent stations, pigging facilities, valve box, transfer pump
station, measuring and regulating equipment, yard and station piping,
and cathodic protection equipment), used to move oil, gas, or liquids
from a point of production, treatment facility or storage area to
a transmission line, which is exempt from the Federal Energy Regulatory
Commission's jurisdiction under Section 1(b) of the Natural Gas
Act,[1] and which does not meet the definition of a "major utility
transmission facility" under the Public Service Law of New York Article
7, § 120, Subdivision 2(b).
A structure, typically of glass or opaque material, in which
temperature and humidity can be controlled for the cultivation or
protection of plants. Activities include the production of fruits,
vegetables, flowers, and any other plants requiring special temperature
conditions and the retail sale or wholesale of seeds, plants and any
related products.
An accessory structure reserved for private use among a residential
household typically of glass or opaque material, in which temperature
and humidity can be controlled for the cultivation or protection of
plants.
The weight specified by the manufacturer as the maximum load
weight (truck plus cargo) of a vehicle.
A nonprofit or for-profit boardinghome for sheltered care
of persons that also provides some combination of personal care, social
or counseling services, and transportation under the direction of
New York State Department of Health (NYSDOH).
Any one of the following: a) more than 20 one-way trips by
high-impact trucks to or from the site of the proposed use during
any twenty-four-hour period at any time during the duration of the
use; or b) more than 50 one-way trips by high-impact truck to or from
the site of the proposed use during any seven-day period at any time
during the duration of the use; or c) more than 700 one-way trips
by high-impact truck to or from the site of the proposed use during
any 365-day period during the duration of the use.
A truck or tractor, as defined in the Vehicle and Traffic
Law, with three or more axles, or 10 or more wheels, and capable of
hauling a gross vehicle weight of 34,000 pounds or more. High-impact
truck does not include exempted vehicles.
A sign that which states only the municipal address and occupant
names.
A sign advertising an approved home business.
A subordinate use of a nonresidential nature which is conducted within a dwelling unit, or building accessory thereto, by an occupant of the dwelling unit, which is clearly incidental and accessory or secondary to the use of the property for residential purposes, and which meets the following additional conditions: 1) the occupation or activity shall be carried on wholly within the principal building or within a building or other structure accessory thereto; 2) not more than two persons outside the resident household shall be employed in the occupation or as assistants; 3) there shall be no exterior display or sign except as permitted under this chapter, o exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the lot or of the surrounding neighborhood; 4) no offensive odor, noise, vibration, smoke, dust, heat or glare shall be produced; 5) the home occupation shall not generate traffic in any greater volume than would normally be expected in a residential neighborhood per the parking requirements in Article VI, § 300-6.12A of this chapter, and any need for parking generated by the occupation shall be met off the street and in accordance with the regulations in Article VI, § 300-6.12A of this chapter, 6) the habitable floor area of the home occupation shall not exceed the habitable floor area of the principal use. In particular, a home-based business/home occupation includes, but is not limited to the following: art studio, creation of crafts, dressmaking, and teaching (with musical instruction limited to a single pupil at a time). A home-based business/home occupation shall not involve in-person retail sales to the general public nor the storage of materials out-of-doors. See Article VI, § 300-6.7 for standards applicable to this definition.
A building or portion thereof containing rooms that are used,
rented or hired out to be occupied for transient sleeping purposes
for compensation, whether the compensation is paid directly or indirectly.
No such rooms shall contain individual kitchen or cooking facilities.
A small hotel shall be one of 12 or fewer rental units.
A building for religious assembly.
Any parcel(s) and facilities either privately owned or leased
for holding, rearing, releasing, or processing captive raised game
for the purpose of hunting, for a fee. Hunting preserves are authorized
as a special use if they comply with the following standards:
The proposed hunting preserve shall contain at least 200 contiguous
acres but shall not contain more than 2,000 contiguous acres. A person
may own or control by a written lease a portion of the proposed area
but the lease shall be for a minimum of a five-year period from the
date of the approval of the conditional use permit.
The total area of all hunting preserves shall not exceed 3%
of the total land area in the Town.
Upon approval of a conditional use permit the applicant shall
immediately construct and maintain boundary fences at least one 500
feet from the outside perimeter of the approved hunting preserve area.
Said fence shall not be closer than 500 feet to any established public
roadway or residence. The boundary fence shall be constructed and
maintained to adequately animalproof the required area. The preserve
fencing shall be a minimum height of eight feet above ground level.
The fencing shall be inspected and approved by the Zoning Administrator
or designee prior to certification. Follow-up fence inspections by
the Code Enforcement/Zoning Administrator shall be allowed at any
reasonable time by appointment or by providing the landowner or preserve
registrant with at least forty-eight-hour notice. Boundary fence gates
shall remain closed at all time except for preserve maintenance activity,
at which time no open gate shall be left unattended.
Any game birds or hoofed nondomesticated mammal other than livestock
released in the preserve shall not be detrimental to the other existing
wildlife or environment.
The proposed hunting preserve shall not interfere with the normal
activities of migratory birds or other wildlife.
All hunting preserves shall post and maintain boundary signs
which meet the following specifications:
One-hundred-sixty-square-inch surface area; and
Sign material of wood, steel, aluminum or heavy polyplastic;
and
White/red color combination with the message "registered hunting
preserve"; and
Boundary sign shall be posted at each entrance and perimeter
gate and at every boundary corner.
All hunting preserves shall allow all records be available for
inspection by the Code Enforcement Officer/Zoning Administrator or
designee during any reasonable hours.
All hunting preserves shall keep their records and reports current
and shall reflect a true and accurate account of registrant activities.
All hunting preserves shall notify the Code Enforcement Officer/Zoning
Administrator within 30 days in writing if the operator ceases operation
as a "hunting preserve".
All hunting preserves shall be reviewed annually (by March 31
of each year) to determine if they are in full compliance with all
applicable county, state and federal regulations. The Code Enforcement
Officer/Zoning Administrator or designee may request copies of all
documents in regards to other county, state or federal regulatory
reporting requirements.
A facility, whether open to the public or limited to members
of a group, which offers such activities as game hunting, fishing,
trap or skeet shooting, target shooting, and target practice. The
term includes rod and gun clubs and sportsmen's clubs.
Lighting of any sign by artificial means.
Any material or surface that substantially reduces or prevents
the infiltration of water into the ground. Examples are pavement (asphalt,
concrete, etc), buildings/structures, conventionally surfaced roadways,
driveways and parking lots, and sidewalks.
Lighting of a sign by reflected light.
Exploration, production, assembly, harvesting, or manufacturing
operation, in any event requiring machinery and equipment. Does not
include a) agricultural or forestry use; b) residential use; c) retail
or similar commercial use; d) telecommunication facilities or communication
transmission towers; or e) gasoline or automotive service station.
The design, manufacture, processing, fabrication or assembly of finished products or parts predominately from previously processed or prepared materials (including fabrication, treatment, packaging, and incidental storage, and sale and distribution of such products or parts) and/or on-site extraction or importation of natural resources involving both short-term and long-term storage of bulk materials involving design, manufacture, processing fabrication or assembly, provided that all operations are conducted entirely within an enclosed structure, and; provided, further, that such use a) does not produce or generate or otherwise involve on-site use or storage of natural gas and/or petroleum extraction, exploration or production wastes and b) does not involve high-frequency, high-impact truck traffic, or any other prohibited use set forth in Article XIII of this chapter. The definition of "light industry" does not include natural gas compression facilities or natural gas processing facilities.
A bored, drilled or driven shaft whose depth is greater than
the largest surface dimension, or a dug hole whose depth is greater
than the largest surface dimension, through which fluids (which may
or may not include semisolids) are injected into the subsurface and
90% or more of such fluids do not return to the surface within a period
of 90 days. The definition of "injection wells" does not include a)
single-family septic systems that receive solely residential waste;
b) drainage wells used to drain surface fluids, primarily storm runoff,
into the ground; c) geothermal wells associated with the recovery
of geothermal energy for heating or production of electric power;
or d) boreholes drilled to produce potable water to be used as such.
A nonprofit or public use, such as a library, hospital, or
government-owned-or-operated building, structure, or land used for
public purpose.
A facility dedicated to the dissemination of knowledge of
natural or cultural heritage, similar to a museum, but located near
and operated in connection with a cultural, historic or natural site.
Buildings, structures or premises where junk, waste, discarded
or salvage materials are bought or sold, exchanged, stored, baled,
packed, disassembled or handled, including automobile wrecking yards
and yards for house wrecking and structural steel materials and equipment,
but not including premises used for the purchase or storage of used
furniture and household equipment or used cars in operable condition.
Any enclosure, premises, building, structure, lot or area
in or on which more than five dogs at least four months of age are
kept, harbored or maintained for noncommercial purposes for continuous
periods of 24 hours or more.
Any premises where three or more dogs over four months of
age are owned, boarded, bred, and/or offered for sale for continuous
periods of 24 hours or more.
A site where any natural gas and/or petroleum extraction,
exploration or production wastes are applied to the soil surface or
injected into the upper layer of the soil.
An owner of a legal or equitable interest in real property
and/or a person holding a valid option to purchase real property pursuant
to a contract with the owner to act as his agent or representative
for purposes of submitting a proposed site specific development plan.
Any water withdrawal or sequestering water use of over 100,000
gallons of water in any thirty-day period from water resources within
the Town. Large-scale water use does not include water withdrawn for
agricultural/farm operations, for emergency uses such as firefighting,
or for drinking, recreational, cooking, washing, or sanitary purposes
and used within the Town.
See "industry, light."
The keeping, fattening or breeding of various forms of farm,
ranch and preserve animals, including but not limited to rabbits,
deer, dairy and beef cattle, hogs, sheep and goats, poultry, equines,
ratites, llamas and other farm animals raised as a source of income
or as a novelty, which is consistent with § 301, Subdivision
11 of the New York State Agriculture and Markets Law (NYSAML).
The a) Town of Tusten Town Board; or b) a body or board authorized
by the Town of Tusten Town Board to make land use decisions, to include
the Planning Board and Zoning Board of Appeals, or ZBA, authorized
to approve plans pursuant to the provisions of this chapter.
A piece or parcel of land occupied or intended to be occupied
by a principal building, or a group of such buildings and accessory
buildings, or utilized for a principal use and uses accessory or incidental
to the operation thereof, together with such open spaces as are required
by this chapter, and having frontage on a public street.
LOT, CORNERA lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lot lines is the corner.
LOT DEPTHThe mean horizontal distance between the front and rear lot lines.
LOT LINESThe property lines bounding the lot.
LOT LINE, FRONTThe line separating the lot from a street.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a "side street lot line."
LOT LINE, STREET OR ALLEYA lot line separating the lot from a street or alley.
LOT WIDTHThe distance between the two side lot lines measured at the required front setback line.
[Amended 7-11-2017 by L.L. No. 4-2017]
LOT AREAThe computed area contained within the lot lines of any parcel.
The removal, or causing to be removed, through either direct
or indirect actions, trees, shrubs, sand and gravel, vegetation and/or
topsoil from a site, or any material change in the use or appearance
of the land. Actions considered to be "clearing" include, but are
not limited to, causing irreversible damage to roots or trunks of
trees; destroying the structural integrity of vegetation; and/or any
filling excavating or grading.
The percentage of the lot area that is occupied by the ground
area of a building, its accessory buildings, and other impervious
surfaces.
A facility where building materials such as lumber, plywood,
drywall, paneling, cement blocks and other cement products, and other
building products are stored and sold. Lumberyards may also process
lumber by performing millwork, planning, cutting, and other customizing
processes. Lumberyards may provide for the sale of associated products
including tools and fasteners.
Operations extracting greater than 750 cubic yards per year
of material such a gravel, rock, stone, sand, fill or minerals from
the surface or below the ground, or an operation two acres of active
face at one time plus an area equal in size to the active face necessary
for accessory use.
A structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used as a dwelling
unit when affixed to a permanent foundation or placed on a concrete
slab and connected to the required utilities. Manufactured homes are
built to the U.S. Department of Housing and Urban Development standards.
Any plot of ground upon which three or more manufactured
homes, spaced less than 500 feet apart and occupied for dwelling or
sleeping purposes, are located, regardless of whether or not a charge
is made for such accommodation.
A permanent roof-like structure that having areas on the
sides for display of changeable graphics or copies, that projects
from or is supported by a building.
An extended outdoor assembly of 250 or more persons per day
which continues for 48 hours or more and which occurs in part outdoors
or in temporary structures.
The extraction of overburden and minerals from the earth;
the preparation and processing of minerals, including any activities
or processes or parts thereof for the extraction or removal of minerals
from their original location and the preparation, washing, cleaning,
crushing, stockpiling or other processing of minerals at the mine
location so as to make them suitable for commercial, industrial, or
construction use, exclusive of manufacturing processes, at the mine
location; the removal of such materials through sale or exchange or
for commercial or municipal use; and the disposition of overburden,
tailings and waste at the mine location. Mining shall not include
the excavation, removal and disposition of minerals from construction
projects, exclusive of the creation of water bodies, or excavations
in aid of agricultural activities.
Operations extracting less than 750 cubic yards per year
of material such as gravel, rock, stone, sand, fill or materials from
the surface or below the ground, and not to exceed two acres of active
face at one time plus an area equal to in size to the active face
necessary for accessory use.
A combination of residential, commercial, and office uses,
either in one building located in or along a main street business
district or in one integrated development or area through plan development
districts, planned unit developments, or special design districts.
A home that is constructed to New York State Building Code
standards, partially assembled in a factory and transported to a home
site in a minimum of two sections, each of which is transported to
building site separately, with installation of heating system and
application of siding coming after erection of the home, and which
is indistinguishable in appearance from conventionally built homes.
A sign, in which the face of the sign is permanently mounted
on an enclosed decorative base of brick, stone, stucco, or similar
material with a frame within which the sign panels are enclosed.
A series of attached dwelling structures, where each unit
has convenient access to parking space for the use of the unit's
occupant. The units, with the exception of the manager's or caretaker's,
are designed to provide sleeping accommodations for automobile transients
or overnight guests and without the provision for cooking in any room
or suite. A small motel shall be one of 12 or fewer living or sleeping
accommodations (also "small hotel or motel").
Any use used for oil and fluid changes, polishing, bodyworks,
and repairing motor vehicles, such as automobiles, recreation vehicles,
snowmobiles, boats, motor cycles, and farm equipment. Such use shall
include any building used for the repair of said motor vehicles, including
bodywork. Such repair work listed here shall be conducted primarily
within a completely enclosed building.
See "dwelling, multiple-family." A building, buildings, or
portion thereof on a single lot, containing more than two but not
more than four dwelling units, including apartments originally constructed
or proposed for residential housing.
[Amended 7-11-2017 by L.L. No. 4-2017]
A building containing two or more independent, nonresidential
uses, or two or more commercial buildings in one lot.
A permanent facility in the service of society and of its
development, open to the public, which acquires, conserves, researches,
communicates and exhibits the heritage of humanity and its environment,
for the purposes of education, study, and enjoyment.
Geologic or geophysical activities related to the search
for natural gas, petroleum or other subsurface hydrocarbons including
prospecting, geophysical and geologic seismic surveying and sampling
techniques, but only to the extent that such activities involve or
employ core, rotary, or any other type of drilling or otherwise making
any penetration or excavation of any land or water surface in the
search for and evaluation of natural gas, petroleum, or other subsurface
hydrocarbon deposits.
Any of the following, in any form, and whether or not such
items have been excepted or exempted from the coverage of any federal
or state environmental protection laws, or have been excepted from
statutory or regulatory definitions of "industrial waste," "hazardous,"
or "toxic," and whether or not such substances are generally characterized
as waste a) below regulatory concern radioactive material, or any
radioactive material which is not below regulatory concern, but which
is in fact not being regulated by the regulatory agency otherwise
having jurisdiction over such material in the Town; b) crude oil or
natural gas drilling fluids; c) crude oil or natural gas exploration,
drilling, production or processing wastes; d) crude oil or natural
gas drilling treatment wastes (such as oils, frack fluids, produced
water, brine, flowback, sediment and/or any other liquid or semiliquid
material); e) any chemical, waste oil, waste emulsified oil, mud,
or sediment that was used or produced in the drilling, development,
transportation, processing or refining of crude oil or natural gas;
f) soil contaminated in the drilling, transportation, processing or
refining of crude oil or natural gas; g) drill cuttings from crude
oil or natural gas wells; or h) any other wastes associated with the
exploration, drilling, production or treatment of crude oil or natural
gas. This definition specifically intends to includes some wastes
that may otherwise be classified as "solid wastes which are not hazardous
wastes" under 40 C.F.R. 261.4(b). This definition does not include
i) recognizable and nonrecognizable food wastes or ii) storage of
waste generated by agriculture or farm operations.
Any of the following: a) tanks of any construction (metal,
fiberglass, concrete, etc.); b) impoundments; c) pits; d) evaporation
ponds; or e) other facilities, in any case used for the storage or
treatment of natural gas and/or petroleum extraction, exploration
or production wastes that i) are being held for initial use, ii) have
been used and are being held for subsequent reuse or recycling, iii)
are being held for treatment, or iv) are being held for storage.
Land upon which natural gas and/or petroleum extraction,
exploration or production wastes or their residue or constituents
before or after treatment, are deposited, disposed, discharged, injected,
placed, buried or discarded, without any intention of further use.
Those facilities or combination of facilities that move natural
gas or oil from production fields or natural gas processing facilities
in pipelines or into storage; the term shall include equipment for
liquids separation, natural gas dehydration, and tanks for the storage
of waste liquids and hydrocarbon liquids.
Those facilities that separate and recover natural gas liquids
(NGLs) and/or other nonmethane gases and liquids from a stream of
produced natural gas, using equipment for any of the following: cleaning
or stripping gas, cooking and dehydration, residual refinement, treating
or removing oil or condensate, removing water, separating NGLs, removing
sulfur or carbon dioxide, fractionation of NGLs, or the capture of
CO2 separated from natural gas streams.
A retail business establishment of not more than 5,000 square
feet in floor area, offering consumer goods for sale and located in
a separate building, if one story, or on a separate floor of a multistory
building. This excludes drive-in restaurants.
A sign consisting of glass tubing, filled with a gas such
as neon, which glows when electric current is sent through it.
Those pipelines that are exempt or otherwise excluded from
regulation under federal and state laws regarding pipeline construction
standards or reporting requirements. Specifically includes production
lines and gathering lines.
Any use, lawfully in existence within a given zoning district
on the effective date of this chapter, which shall be made nonconforming
on the passage of this chapter or any applicable amendment thereto.
A use where plants are grown for transplanting, for use as
stocks for budding and grafting, or for sale. Typically a nursery
use will include the growing of plants out-of-doors, but may include
the use of one or more greenhouses. Activities include the production
of woody and herbaceous plants, including ornamental trees, shrubs,
flowers, and bulb crops, as well as fruit plants and vegetables and
the retail or wholesale sale of seeds, plants and any related products.
A sign designed either as an integrated physical feature
of a motor vehicle, and/or mounted on a trailer, bench, wheeled carrier,
or other nonmotorized mobile structure that is movable by a vehicle.
A sign displaying advertising of a business, commodity, service
or entertainment that is conducted, sold or offered elsewhere other
than the site on which the sign is located.
An industrial use that is not conducted in an enclosed structure
and poses the potential for release of pollution via groundwater,
surface water, or air exposure pathways.
An industrial use that includes storage outside of an enclosed
structure of raw materials, components, equipment, products, by-products,
waste, deleterious substances, chemicals or other materials, either
as a primary activity or as an accessory use or incidental to another
activity or use.
A sign for guiding vehicular traffic and pedestrians to real
estate open house locations.
Any land or water area in which the preservation in its present
state would conserve and enhance natural or scenic resources, protect
streams or water supply, promote conservation of soils, wetlands,
beaches or tidal marshes, enhance the value to the public of abutting
or neighboring parks, forest, wildlife preserves, or nature reservations
or sanctuaries or other open space areas, enhance recreation opportunities,
preserve historic sites, or preserve visual quality along highway,
road, and street corridor or scenic vistas. Open space is also that
land that is developed to enhance any of the foregoing elements, including
the construction of access points, hiking trails, ATV and snowmobile
trails, beaches, golf courses, and similar recreational activities,
all on such conditions as may be reasonably required by the Planning
Board.
See "lots."
A parcel of land legally in existence, or combination of
such parcels, proposed to be subdivided or resubdivided as part of
a subdivision.
[Added 7-11-2017 by L.L.
No. 4-2017]
A financial guarantee approved by the Town Board and its
Attorney, after a review by the Planning Board, which is used to ensure
certain improvements will be instituted in the future by the developer.
Refers to an individual, corporation, business or land trust,
partnership, association, two or more persons having a joint or common
interest, or any legal entity as defined by the State of New York.
All parts of those physical facilities through which oil,
gas, liquids in transportation (including pipes, valves and other
equipment and appurtenances attached to pipes and other equipment
such as drip stations, vent stations, pigging facilities, valve boxes,
transfer pump stations, measuring and regulating equipment, yard and
station piping, and cathodic protection equipment) whether or not
laid in public or private easement or private right-of-way within
the Town. This includes, without limitation, gathering lines, production
lines, and transmission lines.
A designed grouping of varied and compatible land uses, such as housing, recreation, commercial centers, and industrial parks, all within one contained development or subdivision maintained and operated as a unit in single ownership or control by an individual, partnership, corporation or cooperative group, which has certain facilities in common, such as yards and open spaces, recreation areas, garages and parking areas. See Article VII, § 300-7.2 for standards applicable to this definition.
The duly appointed Planning Board of the Town of Tusten.
Also see "local governing board."
A permanent, freestanding sign that is mounted on a pole(s)
or other support(s) that is placed on and anchored in the ground or
on a base and that is independent from any building or other structure.
A sign containing a message intended for a political purpose
or a message which pertains to an issue of public policy of possible
concern to the electorate, but does not include a message intended
solely for a commercial purpose.
The contamination or other diminution of the physical, chemical
or biological properties of land, water, or air, including a change
in taste, color, turbidity or odor, and including a discharge of any
liquid, gaseous, solid, radioactive or other substance on land, water
or air, that will, or is likely to, create a nuisance or render such
land, water or air harmful, detrimental or injurious to humans, animal
life, vegetation, or property, or to the public health, safety or
welfare.
A sign, with changeable message, designed to be readily relocated.
A transportable storage unit designed and used primarily
for temporary storage of building materials, household goods, personal
items and other materials for use on a limited basis on residential
and nonresidential properties which is located for such purposes outside
an enclosed building other than an accessory building or shed complying
with all building codes and land use requirements.
An office use involving a public department or corporation
responsible for mail delivery where mail is received, sorted, and
delivered and where stamps and other postal materials are sold.
A farm, the major occupation of which is the raising of poultry,
wherein there is one square foot or less of floor space per bird in
those structures housing the poultry.
A farm, the major occupation of which is the raising of poultry,
wherein there is more than one square foot of floor space per bird
in those structures housing the poultry.
A professional or business office that is the headquarters
or main office of any business or commercial use.
A principal use allowed as a matter of right in the district
in which it is permitted.
A structure primarily intended for and used for the enclosed
storage or shelter of the private motor vehicles of the family resident(s)
upon the premises. Carports shall be considered garages within this
definition.
An accessory use/building for the keeping of horses for the
private use of the property owner. A person may keep only the number
of horses permitted for the lot area as described as follows: 1) one
horse per 15,000 square feet of property; 2) two horses per 1/2 acre,
but less than one acre; 3) three horses per one acre, but less than
two acres; and 4) four horses or more, at least 1/2 acre per horse.
A private stable must include a roof, a pen or corral containing at
least 100 square feet for each animal and the use shall have proper
drainage so as not to create offensive odors, fly breeding, or other
nuisances.
A system for the provision of water for human or animal consumption
through pipes or other constructed conveyances, where such system
has fewer than 15 service connections or regularly serves fewer than
25 individuals.
A building or portion of a building wherein services are
performed involving predominantly administrative, professional, or
clerical operations. Examples are medical, dentist, law, engineering
and surveying, insurance, accounting, and real estate offices.
A sign that is attached to and supported by a building and
extends perpendicular to the building.
See "real property."
Land set aside for the development and maintenance of services
provided for the public good by governmental agencies.
An elementary or secondary school or charter school following
New York State Department of Education guidelines supported by public
funds and providing free education for children of a community or
district.
Any structure, building or use owned or use owned and operated
by a government body, special district, or nonprofit organization
including such things as schools, parks, civic centers, municipal
buildings but excluding solid waste disposal facilities, institutional
uses, nursing homes, hospitals and other use specifically defined
by this chapter.
Building, structures, and facilities, including generating
and switching stations, poles, lines, pipes, pumping stations, repeaters,
antennas, transmitters and receivers, valves, operated by a public
utility and relating to the furnishing of utility services to the
public by that public utility.
A person listed as an eligible photovoltaic installer by
the New York State Energy and Research and Development Authority (NYSERDA)
or who is listed as a certified solar installer by the North American
Board of Certified Energy Practitioners (NABCEP), shall be deemed
to be a qualified solar installer for the purpose of this chapter.
[Added 8-15-2017 by L.L.
No. 6-2017]
The spontaneous emission of particles (alpha, beta, neutrons)
or photons (gamma) from the nucleus of unstable atoms as a result
of radioactive decay.
Material in any form that emits radiation, but only if such
material has been moved from its naturally occurring location through
an industrial process. Such material is "radioactive material" for
purposes hereof, whether or not it is otherwise exempt from licensing
and regulatory control pursuant to the NYS Department of Labor, the
US Nuclear Regulatory Commission, the US Environmental Protection
Agency, the US Department of Energy, the US Department of Transportation,
or any other regulatory agency.
A sign for advertising property for sale, lease or rent.
All real property, articulated through a parcel(s) that is
subject to this chapter of the Town of Tusten, and includes the earth,
water and air, above, below, or on the surface, and includes improvements
or structures customarily regarded as a part of real property.
A recreational facility operated as a business and open to
the public that is conducted entirely indoors such as a roller-skating
rink, video arcade or bowling alley.
Parks, swimming pools, playgrounds, tennis courts, and other
recreational facilities owned and operated by the Town, county, school
district, state, or federal government.
A recreational facility designed to provide overnight accommodations
in permanently constructed buildings in combination with a variety
of generally active recreational opportunities such as hiking, horseback
riding, ball games and swimming, including summer camps for youth,
including restaurants and specialty shops for guests of the facility,
and excluding campgrounds.
Includes all-terrain vehicles (ATVs), snowmobiles, off-road
trucks, motorized boats, boat trailers, trailers, pickup campers (designed
to be mounted on automotive or truck vehicles), motorized dwellings,
tent trailers used for transporting recreational equipment, whether
occupied by such equipment or not.
A use devoted to the systematic investigation or experimentation
involving innovation or technical risk, the outcome of which is either
new knowledge or new or improved materials, products, devices, processes,
or services. The research and development use includes basic research,
applied research, and experimental development and testing. The research
and development use does not include the manufacture of products for
wholesale or retail sale or the commercial servicing or repair of
products.
A form of development for single-family residential subdivisions
that permits a reduction in lot area and other development standards,
given the specific site conditions, and where no less than a specified
proportion of the total land area is devoted to permanent open space.
Any establishment primarily offering sit-down dining for
sale and consumption of food and drink on-premises.
A use devoted principally to the sale of goods or commodities
in small quantities directly to consumers.
A property/parcel used as an area of entry to the river for
the purpose of launching or landing of watercraft. It may include
ancillary facilities, other than base operations for watercraft rentals,
and may be operated as a private business. Examples of ancillary facilities
include safety stations, kiosks, accessory buildings for storage of
rescue equipment and other river related products, and porta-johns.
[Amended 9-13-2022 by L.L. No. 1-2022]
A public thoroughfare or right-of-way dedicated, deeded or
condemned for use as such, which affords the public the principal
means of transport and access to abutting property.
A sign advertising for a farmstand business or arts and crafts
business operating from a temporary location.
A sign located upon, against, or above the roof of a building,
or a sign attached to the roof or parapet of a building.
Any circular or parabolic-shaped device of solid or mesh
construction, designed, erected and capable of receiving telecommunication
signals from a transmitter located in planetary orbit to yield an
unscrambled satellite-generated electronic signal that, when viewed
on a conventional television set, is at least equal in picture quality
to those received from local commercial television stations or by
way of cable television systems. A satellite dish antenna is an accessory
use in all zoning districts of the Town of Tusten subject to the following
conditions:
In the RB and DB Zoning Districts, satellite dish antennas may
be located in any yard area or on the roof of any building. In the
SR, RR, R1, R2, and GR Zoning Districts, satellite dish antennas shall
be located in rear yard areas only, in an area bounded by the side
setbacks, the rear wall of the primary structure, and a line no less
than four feet inside the lot as measured from the rear property line.
If usable satellite signals cannot be obtained by a satellite dish
antenna located in the rear yard, the device may be located in the
side yard between the primary structure and the side setback line.
If a usable signal is still not available in a side yard location,
the device may be located in the front yard provided it is located
within the normal building setback requirements.
In the RB and DB Zoning Districts, there shall be no height
limit for satellite dish antennas. In all the SR, RR, R1, R2, and
GR Zoning Districts, satellite dish antennas detached from a primary
structure shall not exceed a height of 15 feet, as measured from grade
at the support member to the highest point of the dish. Satellite
dish antennas attached to a primary structure, either on the roof
or to a wall of the structure, shall not exceed the elevation of the
highest peak of the roof of the structure, exclusive of chimneys,
mechanical units, or other similar items.
Any facility constructed and used for the processing forestry
products into milled lumber, cants, treated posts, firewood and wood
by-products such as milled slabwood, wood chips, bark chips and sawdust,
and including planning and sizing facilities, kilns, storage yards
and accessory maintenance facilities incidental to sawmill operations.
Also, see "valued-added wood processing."
See "campground, scenic."
[Added 9-13-2022 by L.L.
No. 1-2022]
A parcel of land used or intended to be used to provide a
residential dwelling(s) which meets all New York State Department
of Environmental Conservation (NYSDEC) and Department of Health (NYSDOH)
health standards.
Dwellings specifically designed to offer a family type of
living environment where residences feel like a home instead of a
medical facility for individuals 62 years of age or older for one
of the following: a) a single person 62 years of age or older; b)
two or three persons, all of who are 62 years of age or older; c)
a married couple in which one spouse is 62 years of age or older;
d) one child residing with a parent who is 62 years of age or older,
provided that the child is over the age of 18; e) the surviving spouse
of a person 62 years of age or older, provided that the surviving
spouse was duly registered as a resident of the development at the
time of the elderly person's death; and f) if there is no child
in residence, an adult 18 years of age or older residing with a person
62 years of age or older, provided that the adult is essential to
the long-term care of the elderly person as certified by a physician
duly licensed in New York State. Some senior housing may have communal
dining facilities and services such as housekeeping, organized social
and recreational activities, transportation services, and other support
services appropriate for the residents. Senior housing units should
be differentiated from assisted living facilities or congregate care
facility.[2]
Water that, by virtue of the use in question, is sequestered
from the natural hydrologic cycle. This term does not include water
that has evaporated, transpired, been consumed by humans or livestock,
used for irrigating crops, or otherwise returned to the atmosphere
or incorporated into food products.
A use devoted principally to the sale of services directly
to consumers.
A small structure, an accessory building/use, either freestanding
or attached to a larger structure, serving for storage or shelter
as an accessory use. Such structure shall not exceed 15 feet in height
and shall be at a maximum 144 square feet, and meet the minimum required
side yard setbacks, and shall be located no closer than a distance
equal to its height to the rear lot line.
An indoor or outdoor facility intended to be used for firearms
practice. Indoor ranges typically will have a back wall with a sloped
earthen berm or bank, with reinforced baffles additionally situated
along the roof and side walls. Ventilation is carefully controlled
to pull smoke and lead particles away from the shooting line and to
exhaust them from the building. Outdoor shooting ranges typically
will be backed by a high retaining wall, earth mound, sandbag barrier
or specially designed funnel-shaped traps to prevent the ricochet
of bullets or shots going outside the bounds of the shooting range.
A device or structure for providing direction or information
to the public on such things as a development, business, product,
service, location, event or person.
The area of one sign face available for advertising of a
single or multiple faced sign, excluding the main support structure.
The vertical distance measured at right angles from the highest
point of the sign or sign structure, to the finished grade directly
below.
A sign for directing pedestrian or vehicular traffic including
ingress and egress signs and parking signs, but does not include advertising,
with the exception of a logogram. Also see "directional sign."
Also see "dwelling." A building containing one dwelling unit
only, including modular and conventional construction, and that is
occupied by one family.
A rendering, drawing, or sketch prepared to specifications and containing necessary elements, as set forth in Article VIII of this chapter, which shows the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan.
A review and approval process, conducted by the Planning Board, whereby site plans are reviewed utilizing criteria stated in Article VIII of this chapter.
A general plan, identified as such with the title "sketch
plan" on the map, indicating existing site features of a tract and
its surroundings and the general layout of the proposed subdivision,
to be use as a basis for conceptual consideration by the Town Planning
Board for site inspection and general design purposes, and in the
case of conservation subdivisions, determining allowable density.
[Added 7-11-2017 by L.L.
No. 4-2017]
A small hotel shall be one of 12 or fewer rental units, also
see "hotel." Likewise, a small motel shall be one of 12 or fewer living
or sleeping accommodations, also see "motels, motor courts and motor
hotels."
A space that is open to the sun, mostly clear of overhangs
or shade, that allows the use of solar energy systems on real property.
[Added 8-15-2017 by L.L.
No. 6-2017]
A group of multiple solar panels or modules linked into a
single unit or system.
[Added 8-15-2017 by L.L.
No. 6-2017]
A photovoltaic cell, panel, solar array, or other device
that converts solar radiation into electricity or transfers solar
energy to air, water, or another storage media.
[Added 8-15-2017 by L.L.
No. 6-2017]
A written easement recorded pursuant to the New York State
Real Property Law § 335b, the purpose of which is to procure
the right to receive direct sunlight across real property to operate
a solar energy system.
[Added 8-15-2017 by L.L.
No. 6-2017]
A combination of components that utilize solar radiation
(direct, diffuse, or reflected) to produce energy designed to provide
heating, cooling, hot water and/or electricity, including solar panels
and facilities, solar arrays, solar collectors, and solar thermal
systems and facilities. Solar energy systems shall be classified as
follows:
[Added 8-15-2017 by L.L.
No. 6-2017]
SMALL-SCALEA solar energy system that produces up to 25 kilowatts (kW) per hour of energy and consists of an overall footprint of 2,000 square feet or less.
LARGE-SCALEA solar energy system that produces between 25 kilowatts (kW) and 2 megawatts (MW) per hour of energy and consists of an overall footprint between 2,000 square feet and 12 acres and produces energy primarily for the purpose of off-site sale or consumption. Solar energy systems with a capacity more than 2 megawatts (MW) or an overall footprint of 12 acres or greater are prohibited.
EXEMPT SYSTEMSSolar collection systems of 250 watts or less, with a rated system voltage of 30 volts or less which are not integrated into the wiring systems of a residential structure shall be exempt from this chapter. This includes, but is not limited to, landscape lighting, battery charging devices and security lighting.
GROUND-MOUNTEDA solar energy system consisting of solar panels that are properly secured by anchors or ballasts to the ground and attached to poles or other mounting system, detached from any other structure, for the primary purpose of producing heating, cooling, hot water and/or electricity.
ROOF-MOUNTEDA solar photovoltaic or solar thermal system that is mounted on the roof of a building to which it provides heating, cooling, hot water and/or electricity. This definition shall not prohibit the sale of excess electricity pursuant to state authorized net meter regulations.
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEMA combination of photovoltaic building components integrated into any building envelope system such as vertical facades including glass and other facade material, semitransparent skylight systems, roofing materials and shading over windows.
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
[Added 8-15-2017 by L.L.
No. 6-2017]
Systems that collect and convert solar radiation into forms
of energy for water heating, space heating, or space cooling.
[Added 8-15-2017 by L.L.
No. 6-2017]
Any facility or operation of a private individual or firm
pursuant to the laws of the State of New York governing the management
and disposal of solid waste including, but not limited to, liquid,
solid, toxic, hazardous and medical waste and, including but not limited
to, transfer stations, solid waste landfills, incinerators, medical
waste disposal facilities, hazardous waste disposal facilities and
radioactive waste disposal facilities.
Any facility or operation of a public entity pursuant to
the laws of the State of New York governing the management and disposal
of solid waste including, but not limited to, liquid, solid, toxic,
hazardous and medical waste and, including but not limited to, transfer
stations, solid waste landfills, incinerators, medical waste disposal
facilities, hazardous waste disposal facilities and radioactive waste
disposal facilities.
Any garbage, refuse, industrial, lunchroom or office waste
or other material including solid, liquid, semisolid or contained
gaseous material, resulting from the operation of residential, municipal,
commercial or institutional establishments and from community activities.
The term shall also include any garbage, refuse, other discarded material
or other waste. Including solid, liquid, semisolid or containing gaseous
materials resulting from industrial, mining, local facilities or any
other by-product or effluent from an industrial, mining or water supply
treatment facility, wastewater treatment facility or air pollution
control facility or any other material defined by the NYSDEC as solid,
liquid, municipal, medical, industrial, toxic or hazardous waste.
A use that because of its unique characteristics requires
individual consideration through a procedure of review by the Planning
Board, in order to determine whether a special use permit should be
granted, conditionally granted, or denied.
An aboveground or belowground storage tank exceeding a storage
capacity of 1,000 gallons used for the storage for resale of gaseous
or liquid materials, including but not limited to propane, chemicals
and petroleum products.
An assembly of materials constructed or erected for use,
occupancy, or ornamentation which requires location on the ground
or attachment to something on the ground.
Any structure constructed where the use requires permanent
location on the ground or attachment to something having permanent
location on the ground.
Structures erected for a period of less than 180 days. This
definition includes sheds; tents, but prohibits RVs, motor vehicles,
house car, or any trailer attached to a motor vehicle.
Small-scale facilities used for individual and group instruction
and training in the arts; production rehearsal; photography, and the
processing of photographs produced only by users of the studio facilities;
martial arts training studios; gymnastics instruction, yoga instruction,
and aerobics and gymnastics studios with no other fitness facilities
or equipment.
Refers to the division of any parcel of land into two or
more lots, blocks, or sites, with or without streets or highways,
and includes resubdivision. A condominium, or two house development,
constitutes a subdivision.
Refers to a development plan submitted to a local governing
body by an applicant/landowner describing visually the layout of lots
and blocks with proposed streets, crossways, easements, and location
of wetlands and water courses. Subdivision plat plans can include
a planned unit development, a preliminary or final subdivision plat,
or a conservation subdivision.
Any lot on record in the office of the County Clerk which
does not meet the minimum area, width, or yard requirements for the
district in which that lot is located.
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either 1) before the improvement or repair is started; or
2) if the structure has been damaged and is being restored, before
the damage occurred.
Below the surface of the earth or of a body of water, as
the context may require.
One or more temporary or permanent shelters, buildings or
structures, together with the lot or tract of land appertaining thereto,
established or maintained as living quarters for temporary occupancy
and not arranged or intended for such occupancy except during the
period, or part of the period, from May 15 to October 15 in any year.
Said facilities may provide recreational and/or other programs offered
for the benefit of the occupants.
Any man-made change in improved or unimproved land subsurface
and surface, including but not limited to construction, external repair,
land disturbing activity, grading, road building, pipelaying, or other
activity resulting in a change in the surface or subsurface physical
character of any land, including clearing, grubbing, dredging, grading,
excavating, extracting, exploration, stockpiling, paving, berming,
soil disturbance, placement of fill, or storage of equipment or materials
in pits, ponds or detention facilities. The scope of surface disturbance
includes all activities that are necessary or convenient for the project
that is being undertaken, such as associated infrastructure developments
including pipelines, access roads, utility transmission facilities,
drainage ditches and the like. For determining the area or extent
of surface disturbance, a proposed project may not be segmented into
smaller components, but rather the entire scope and larger common
plan of development of a project shall be taken into account even
though multiple separate and distinct land development activities
may take place at different times on different schedules.
A body of water in an artificial or semi-artificial receptacle
or other container, whether located indoors or outdoors, in-ground
or aboveground, having a depth at any point of more than 18 inches
or a surface area of more than 100 square feet used or intended to
be used for private swimming by adults or children, or by both adults
and children or an individual for use by their household and guests
without fees, and located on property owned, leased or otherwise used
and maintained by the owner of said swimming pool.
Any farm operation conducted for financial or other consideration
that consists in whole or in part of the raising of swine where the
number of swine exceeds 50 at any given time.
A use established for a fixed period of time, with the intent
to discontinue such use upon the expiration of such time, and that
does not involve the construction or alteration of any permanent structure.
A performance hall where theatrical works or plays are performed
or other performances such as musical concerts may be given. This
term includes all open-air facilities, such as outdoor stages, amphitheaters
or performing arts centers.
An open lot or part thereof, with its appurtenant structures
and facilities, devoted primarily to the showing of motion pictures
or theatrical production on a paid admission basis.
The duly constituted Town Board of the Town of Tusten. Also,
see "local governing board."
See "comprehensive plan."
To remain in a place for only a brief time, typically less
than six months. It shall also mean a person who stays for a short
time only, such as a hotel guest, boarder, or seasonal lessee or licensee.
A pipeline that transports oil, gas, electric, or water to
end users as a public utility and which is subject to regulation either
by a) the Federal Energy Regulatory Commission's jurisdiction
under Section 1(b) of the Natural Gas Act,[3] or b) as a "major utility transmission facility" under the Public Service Law of New York Article VII, § 120(2)(b).
A vehicular portable structure built on a chassis, and designed
to be used as a temporary residence for travel, recreational and vacation
use. The trailer must be registered and in compliance with New York
State Vehicle and Traffic Law.
[Amended 7-11-2017 by L.L. No. 4-2017]
TRAVEL TRAILER, INDEPENDENTA travel trailer having sleeping, kitchen and full bathroom equipment, with a holding tank and provision for attachment to a sewer connection.
TRAVEL TRAILER, DEPENDENTA travel trailer having sleeping and kitchen facilities but without full bathroom equipment, a holding tank and provision for attachment to a sewer connection.
Also see "dwelling." A detached or semidetached building
containing two separate, individual family or dwelling units, unconnected
except for access to the outside or to a common cellar.
Subsurface emplacement of natural gas and/or petroleum extraction,
exploration or production wastes by or into an injection well.
Subsurface storage, including in depleted gas or oil reservoirs
and salt caverns, of natural gas that has been transferred from its
original location for the primary purpose of load balancing the production
of natural gas. Includes compression and dehydration facilities, and
pipelines.
With respect to individual waste disposal systems, the general
area required and suitable for the normal and reasonable development
of each building site in a subdivision to permit the provision of
water supply and sewage facilities to serve the area for the proposed
occupancy in accordance with the provisions of local ordinances, watershed
rules and regulations and the requirements of the New York State Department
of Health or other state agency having jurisdiction.
A usable area shall not be deemed to include any area occupied
by an existing building, structure, lake, stream, pond or swamp or
area of exposed or underlying rock or groundwater within two feet
of the surface, or marginal areas subject to flooding or along streams
or other bodies of water.
The area intended for separate sewerage systems shall be well
drained by natural or artificial means.
The Department may require to be shown such usable area as it
may deem necessary for any other type of land usage other than single-family
occupancy indicated on the plan or permitted under existing zoning
laws, if any.
The usable area shall include a protective area not less than
10 feet in width laterally on all sides of the separate sewerage system
and such other protective area between any separate sewerage system
and any water supply line or drainage, watercourse or other hazardous
condition as the Department shall deem necessary or adequate.
As applied to separate sewerage systems, the usable area shall
contain suitable absorptive area for a depth of not less than two
feet below proposed leaching devices. Where placement of soils is
made in sewage leaching areas, the existing surface soils may not
be displaced over clay or rock.
The specific purpose for which a parcel of land or a building
is designed, arranged, intended, or for which it is or may be occupied
or maintained.
See "temporary use."
Any use involving a kiln process to artificially dry wood
for commercial, manufacturing, and/or industrial purposes, and that
can involve the importation of timber and export of wood products
via trucking or other means of transportation and storage and facilities
on-site. Also see "agribusiness" and "industrial, light."
An area variance or a use variance, as the context may admit,
using the following parameters:
VARIANCE, AREAThe authorization by the Zoning Board of Appeals for the use of land in a manner that is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
VARIANCE, USEThe authorization by the Zoning Board of Appeals for the use of land for a purpose that is otherwise not allowed or is prohibited by the applicable zoning regulations.
Refers to the rights to undertake and complete the development of a parcel or parcels under the terms and conditions of an approved site plan or subdivision plan in accordance with this chapter under which the approval was granted. Article XV of this chapter sets forth the expectations of vested rights among applicants who intend to develop in the Town.
Also see "animal hospital." A facility where animals or pets
are given medical or surgical treatment and the boarding of animals
for extended periods is part of the care given at the facility.
A plantation or farmland devoted to cultivating grape-bearing
vines, grown mainly for winemaking, but also for raisins, table grapes
and nonalcoholic grape juice.
A sign fastened to or painted on a wall.
A building, or part of a building, for storing goods, wares
and merchandise, whether for the owner or others, and whether it is
a public or private warehouse.
Removal or capture of water from water resources within the
Town.
All streams, ditches, lakes, ponds, marshes, vernal pools,
watercourses, waterways, wells, springs, drainage systems, and all
other bodies or accumulations of water, surface or underground, intermittent
or perennial, which are contained in, flow through or border upon
the Town or any portion thereof.
Establishments engaged in selling merchandise to retailers;
to industrial, commercial, institutional, farm, or professional business
users; or to other wholesalers; or acting as agents or brokers in
buying merchandise for or selling merchandise to such persons or companies.
Includes such establishments as agents, merchandise or commodity brokers,
and commission merchants; assemblers, buyers and associations engaged
in the cooperative marketing of farm products; merchant wholesalers;
stores primarily selling electrical, plumbing, heating and air-conditioning
supplies and equipment.
Management of natural wildlife and associated habitats indigenous
to New York State and the Upper Delaware Region with the intent of
enhancing such to include both big and small game hunting and fishing
activities.
A sign placed on or inside a window that faces the outside
and is intended to be seen from the outside.
An open space which lies between the principal building or
group of buildings and the nearest lot line and is unoccupied and
unobstructed from the ground upward except as herein permitted.
YARD, FRONTAn open space extending the full width of the lot between a principal building and the front lot line, unoccupied and unobstructed from the ground upward, except as herein permitted. A front yard is further defined to consist of two parts:
[Amended 9-13-2022 by L.L. No. 1-2022]
PRIMARY FRONT YARDThe open space of the front yard extending from the points of a buffer located 20 feet from the front corners of the principal building to the front lot line, as shown in the diagram below.
SECONDARY FRONT YARDThe open space of the front yard not including and adjacent to the primary front yard extending to the front lot line and to the twenty-foot setback with adjacent properties.
 |
YARD, REARAn open space extending the full width of the lot between a principal building and the rear lot line, unoccupied and unobstructed from the ground upward.
YARD, SIDEAn open space extending from the front yard to the rear yard between a principal building and the nearest side lot line, unoccupied and unobstructed from the ground upward.
The Town of Tusten Zoning Board of Appeals or ZBA.
The Zoning Map or Maps for the Town of Tusten, New York,
together with all amendments subsequently adopted available at the
Town Hall, the Town website (www.tusten.org), Sullivan County Division
of Planning and Environmental Management, and Appendix B of this chapter.[4]
[1]
Editor's Note: See 15 U.S.C. § 717(b).
[2]
Editor's Note: The former definition of "service station,"
which immediately followed this definition, was repealed 9-13-2022
by L.L. No. 1-2022.
[3]
Editor's Note: See 15 U.S.C. § 717(b).
[4]
Editor's Note: Appendix B is included as an attachment to this chapter.
